107d american bar association adopted by the house of delegates february 9, 2015
Jim Felman and Cynthia Orr, Chairs
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- EXECUTIVE SUMMARY
Jim Felman and Cynthia Orr, Chairs Criminal Justice Section February 2015
Submitted By: Jim Felman and Cynthia Orr, Chairs Summary of Resolution(s). The Criminal Justice Section recommends that the ABA adopt the black letter standards, dated February 2015, including chapter three “The Prosecution Function” and chapter four, “The Defense Function” of the American Bar Association Standards for Criminal Justice. Approval by Submitting Entity. This resolution was approved by the Criminal Justice Section Council at its Fall Meeting on October 25, 2014. Has this or a similar resolution been submitted to the House or Board previously? These Standards were previously introduced at the 2014ABA Annual Meeting. They were withdrawn to resolves language issues presented by other ABA entities. These Standards are being re-introduced with the agreed upon language. What existing Association policies are relevant to this Resolution and how would they be affected by its adoption? Approval of this resolution would supplant resolutions 104D Midyear 1991 and 101A Midyear 1992. These Standards do not conflict with the Standards on Trial by Jury. If this is a late report, what urgency exists which requires action at this meeting of the House? Not applicable. Status of Legislation. (If applicable) Not applicable. Brief explanation regarding plans for implementation of the policy, if adopted by the House of Delegates. The policy will be distributed to various criminal justice stakeholders as a tool to offer guidance on the role of the prosecutor and defense counsel. The policy will also be featured on the Criminal Justice Section website and in Section publications. Cost to the Association. (Both direct and indirect costs) No cost to the Association is anticipated. Disclosure of Interest. (If applicable) None Referrals. At the same time this policy resolution is submitted to the ABA Policy Office for inclusion in the 2015 Midyear Agenda Book for the House of Delegates, it is being circulated to the chairs and staff directors of the following ABA entities: Standing Committees Ethics and Professional Responsibility Federal Judicial Improvements Federal Judiciary Governmental Affairs Law and National Security Legal Aid and Indigent Defendants
Center for Human Rights Coalition on Racial and Ethnic Justice Commission on Domestic and Sexual Violence Commission on Immigration Commission on Youth at Risk Death Penalty Representation Project
Government and Public Sector Lawyers Division Individual Rights and Responsibilities Judicial Division Law Student Division Litigation Commission on the American Jury Project Solo, Small Firm and General Practice Division State and Local Government Law Young Lawyers Division Contact Name and Address Information. (Prior to the meeting. Please include name, address, telephone number and e-mail address) Kevin Scruggs Director, Criminal Justice Standards Project American Bar Association 1050 Connecticut Ave. NW, Suite 400 Washington, DC 20036 Phone: 202-662-1503 Fax: 202-662-1501 Email: kevin.scruggs@americanbar.org 12. Contact Name and Address Information. (Who will present the report to the House? Please include name, address, telephone number, cell phone number and e-mail address.) Stephen A. Saltzburg, Section Delegate George Washington University Law School 2000 H Street, NW Washington, DC 20052-0026 Phone: (202) 994-7089; (202) 489-7464 Email: ssaltz@law.gwu.edu Neal R. Sonnett, Section Delegate 2 S. Biscayne Boulevard, Suite 2600 Miami, FL 33131-1819 Phone: (305) 358-2000 Email: nrslaw@sonnett.com EXECUTIVE SUMMARY 1. Summary of the Resolution The Criminal Justice Section recommends that the ABA adopt the black letter standards, dated February 2015, to chapter three “The Prosecution Function” and chapter 4, “The Defense Function” of the American Bar Association Standards for Criminal Justice. 2. Summary of the Issue that the Resolution Addresses Since these chapters were last amended, there have been dramatic developments in the area of legal ethics. Thousands of new judicial decisions have been handed down. Hundreds of new books and articles touching upon the ethics of our profession have been published. Indeed, the proper role and function of defense counsel has been a particularly topical focus of discussion, debate and controversy in recent years. 3. Please Explain How the Proposed Policy Position will address the issue The Fourth Edition of the Standards substantively revises all of the Standards in the previous edition. In addition, this edition proposes 21 new Prosecution Function Standards including standards handling incriminating evidence, plea agreements and improper bias. This edition also proposes 21 new Defense Function Standards including standards on handling incriminating evidence, plea agreements and improper bias. The Standards that are new are noted in the Table of Contents in this resolution. While there are too many changes to list here, you can find a copy of the third edition Standards at http://www.americanbar.org/groups/criminal_justice/standards/prosecution_function_standards.html (Prosecution Function) and http://www.americanbar.org/publications/criminal_justice_section_archive/crimjust_standards_dfunc_toc.html (Defense Function). The Criminal Justice Section urges prompt consideration of the proposed Standards by the House due to the ABA’s continuing obligation to see to it that the ABA Standards for Criminal Justice reflect current developments in the law. 4. Summary of Minority Views None are known. Directory: content -> dam -> aba -> directories -> policy policy -> Resolution policy -> American bar association adopted by the house of delegates policy -> 109a american bar association adopted by the house of delegates february 10, 2014 policy -> Adopted by the house of delegates policy -> 115 american bar association adopted by the house of delegates february 6, 2017 policy -> American bar association adopted by the house of delegates policy -> 112g american bar association criminal justice section report to the house of delegates policy -> American bar association standing committee on paralegals report to the house of delegates policy -> 119b american bar association adopted by the house of delegates august 14-15, 2017 policy -> American bar association adopted by the house of delegates Download 405.53 Kb. Share with your friends:
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